Articles in This Issue
Abstract: This article explores the legal conflict of national data sovereignty and foreign technical cooperation in today’s practice of tax administration. The problem animating this research is the Memorandum of Understanding recently signed between Nigeria’s Nigeria Revenue Service and the French tax authority, eliciting public concern that it may pose risks to sensitive fiscal information and national sovereignty. This article seeks to critically analyse the legal validity, extent and implications of such cooperative arrangements; specifically, it seeks to determine how compatible they are with Nigerian constitutional principles and data protection laws on one hand and international cooperation standards in taxation on the other. Firmly based on the theoretical rationale of digital sovereignty and regulatory governance theory, the study posits that foreign technical assistance in tax administration is not inherently a threat to state sovereignty, but rather problematic where specific legal safeguards, transparency and accountability are lacking. The study recommends a recalibration of Nigeria’s tax cooperation apparatus to balance the efficiency logic underpinning international collaboration with concerns for data stewardship and democratic supervision. It suggests clearer statutory definition of the limits on cross-border tax coordination, better protection against data localization and safeguarding standards for foreign nationals’ data, closer parliamentary scrutiny of executive agreements or traditional contracts with other countries, and increased indigenous technical capacity to diminish reliance on external administrative support over time.
Abstract: This article interrogates the extent to which a Restraint of Trade Clause (RTC) in an employment agreement will be considered enforceable or otherwise by the courts. It adopts the doctrinal method, relying on primary and secondary sources of data which were subjected to content analysis. The article takes a cursory look as to possible reasons why an employer would include a RTC in a contract of employment. The issues arising therefrom are: what legal criteria do courts use to determine if a RTC is reasonable in terms of duration, geographical scope, and activity? Under what circumstances will a court deem a RTC unenforceable? How do courts differentiate between protecting legitimate proprietary interests and simply stifling competition? Do the courts have to strictly follow the provisions of the Federal Competition and Consumer Protection Act (FCCPA), 2018 in determining the reasonability of duration in a RTC? These issues form the basis of this article. This article finds that some sensitive positions, some of which may afford an employee’s access to his employer’s trade secrets and confidential information, a disclosure of which may put the employers’ competitors into some advantage or otherwise negatively impact or jeopardise the employer’s business interests need to be secured. It concludes that, while restraint of trade clauses aid in safeguarding an employer’s interests, the position held by the courts will be dependent on the context of the facts of a given case. This article recommends that while the FCCPA, 2018 suggests a restrictive period to not be more than two (2) years for the operative duration of a RTC, the courts should assess any duration based on the peculiarity and nature of an employer’s business in ascertaining the reasonableness or otherwise of a restraint clause.
Abstract: This article examines the controversial concept of wrongful life, where a claimant alleges that negligence led to their birth into a life of severe suffering, and evaluates its viability under Nigerian law. It aims to determine whether such claims can or should be recognised, situating the discussion within broader global jurisprudence. The study adopts a doctrinal and comparative methodology, analysing case law, statutes, and scholarly works from Nigeria and selected jurisdictions, including England and Wales, Australia, the United States, and the Netherlands. The article finds that traditional wrongful life claims seeking damages for the injury of being born are unlikely to succeed in Nigeria. This is due to the strong influence of English common law rejecting such claims, the difficulty of assessing damages, restrictive abortion laws affecting causation, and public policy considerations grounded in the sanctity of life. However, it identifies a narrow potential pathway under Section 17(1) of the Child’s Rights Act 2003, which may allow limited claims based on pre-conception negligence, particularly for recovery of extraordinary medical and care costs. The study recommends that Nigerian courts reject general wrongful life claims but remain open to awarding special damages in clear cases of pre-conception negligence. It also calls for legislative clarification and public health reforms. Overall, while wrongful life claims largely conflict with Nigerian legal principles, a limited compensatory approach focused on economic loss may be viable.
Abstract: This article examines the persistence of shipwrecks and derelict vessels in Nigerian waters through a critical analysis of Protection and Indemnity insurance as a mechanism for enforcing maritime liability. It moves beyond conventional explanations centred on cost and administrative inefficiency and instead interrogates the structural relationship between legal responsibility and financial security within Nigeria’s maritime legal framework. Drawing on a doctrinal methodology supported by comparative and policy analysis, the paper evaluates relevant statutes, case law, and international instruments, particularly the Nairobi International Convention on the Removal of Wrecks 2007. The findings reveal that although Nigerian law formally assigns responsibility for wreck removal, it lacks the financial architecture necessary to ensure effective enforcement. Institutional fragmentation, weak insurance enforcement, and partial domestication of international obligations combine to produce a regime in which liability is uncertain and frequently ineffective in practice. The article argues that this structural deficiency significantly contributes to the continued presence of wrecks and derelict vessels in Nigeria’s marine environment. In light of this, it advocates the establishment of a Nigerian Protection and Indemnity Club structured as a company limited by guarantee, with the capacity to provide mutual insurance and indemnity services tailored to the needs of shippers and cargo interests, as a necessary step toward aligning legal obligations with practical enforcement and strengthening maritime governance.
Abstract: In recent times, patients’ rights are being recognised by Nigerian statutory and policy frameworks. However, there has been little done for the enforcement of these rights, due to weak complaint systems, and ineffective redress mechanisms. In case of redress in medical matters, time is of crucial essence, and the heavy backlog of cases in the court system exacerbates the process of getting redress for patients. These have contributed to the lack of accountability on the part of the healthcare providers, and lack of access to justice by patients. The increasing dispute between patient and healthcare providers have necessitated a need to address and explore innovative ways for protecting patients’ rights in Nigeria. This paper discussed the existing gaps in accessibility to justice by patients, the provisions for complaints by patients, and its effectiveness. It also discussed Online Dispute Resolution (ODR) mechanism, and how it's introduction into the Medical Law sector in settling disputes effectively. It also evaluated current provisions for Alternative Dispute Resolution and suggested how ODR can be integrated into the current institutional, legal and regulatory frameworks that are available in Nigeria’s-legal research was conducted using doctrinal analysis of Nigerian statues (FCCPA, NDPA, and NHA), regulatory documents (Patients’ Bill of Rights (PBoR)), policies, and comparative frameworks relevant to examine patients’ rights, dispute resolution, and enforcement mechanisms. The results show that the existing structures for patients’ redress are most often than not, inaccessible for the average Nigerian, slow with extremely limited resources, and are usually unenforceable. The paper concluded that ODR presents an avenue for faster redress procedures, reduced cost of getting redress, and enforceability mechanisms.
Abstract: The evolving role of customary courts in Nigeria presents an opportunity to expand access to justice, particularly for rural communities where statutory courts remain inaccessible. Recent reforms allowing lawyers to preside over customary courts strengthen their procedural credibility, raising the question of whether these courts should be vested with criminal jurisdiction. This article examines the feasibility of such an expansion, with particular emphasis on the integration of safeguards under the Mental Health Act 2021. It argues that while customary courts retain legitimacy through linguistic inclusivity and cultural accessibility, their extension into criminal justice requires procedural, institutional, and linguistic reforms to ensure fairness and compliance with human right standards. Adopting a doctrinal legal- methodology, the study analyses constitutional provisions and judicial decisions on customary courts, criminal justice, and mental health regulation in Nigeria. This is complemented by a comparative approach drawing on the experiences of South Africa and Kenya, the article reveals demonstrates that grassroots courts can exercise criminal jurisdiction without compromising rights, provided robust oversight, capacity building, and mental health-sensitive frameworks are embedded in the adjudication within its cultural and linguistic perspective. The study concludes with concrete policy recommendations for harmonising customary justice with statutory safeguards, positioning Nigeria as a potential model for rights-compliant grassroots criminal justice system in Africa.
Abstract: The integration of Artificial Intelligence (AI) into criminal justice systems presents a complex landscape of opportunities and challenges. This paper examines the legal implications of AI applications in various facets of criminal justice, from predictive policing to sentencing algorithms that can analyse large datasets, identify patterns, and provide insights for quick and quality decision-making by stakeholders. While AI promises enhanced efficiency and data-driven decision-making, it simultaneously raises significant concerns about fairness, transparency, and the preservation of due process rights. This paper analyzes case studies from multiple jurisdictions, highlighting both successful implementations and controversial failures of AI systems in law enforcement and judicial processes. This paper also identifies several key legal and ethical challenges, including algorithmic bias, lack of transparency in decision-making processes, and the potential erosion of human judgment in critical legal determinations. This study emphasizes the need for continuous human oversight, regular audits of AI systems, and the establishment of clear accountability mechanisms. This study employs a multidisciplinary approach, combining legal analysis and ethical philosophy to evaluate the current state of AI in criminal justice and project future trajectories. The article concludes by outlining policy recommendations and best practices for lawmakers, judiciary, and law enforcement agencies to develop strategies to meet the realities of Artificial Intelligence-enabled crime.
Abstract: Carbon markets are a fundamental mechanism for reducing emissions and meeting climate objectives. They enable the trading of carbon credits generated by activities that lower greenhouse gas emissions, with emissions trading being a key model. In Africa, however, carbon markets are still in the early stages of development. This article, employing the doctrinal research methodology, examines the challenges and prospects of emissions trading and carbon market adoption across the continent. It finds that although Africa contributes minimally to global emissions, it remains highly vulnerable to climate impacts. At the same time, the continent’s pressing developmental priorities often take precedence over the establishment of carbon markets, and emissions are likely to rise as development continues. This does not negate the importance of carbon markets. Emerging initiatives in countries such as South Africa and Egypt, along with continental efforts like the African Carbon Market Initiative (ACMI), demonstrate growing interest and potential. Properly designed carbon markets could unlock climate finance, stimulate investment in renewable energy, create jobs, and support emissions reductions while promoting economic growth. However, several obstacles persist, including inadequate data and monitoring, reporting and verification (MRV) systems, institutional and policy gaps, and political instability. The article therefore recommends increased infrastructural investment, capacity building to strengthen data systems and emissions monitoring, and the development of coherent legal and policy frameworks at national, regional, and continental levels, with support from initiatives such as ACMI, to enhance readiness for continent-wide carbon markets.
Abstract: Mediation, as an alternative dispute resolution mechanism, offers a culturally sensitive, cost effective, and less adversarial approach to marital conflicts. However, its effectiveness in protecting and promoting women’s rights remains contested due to socio-cultural, legal, and institutional challenges. Marital conflicts in Nigeria often involves complex social, cultural, and legal dimensions, where traditional litigation can be costly, time-consuming and adversarial; mediation, as a less formal and more conciliatory approach, has gained prominence for its potential to preserve relationships and provide amicable settlements. However, the intersection of mediation with entrenched patriarchal norms raises critical questions about the protection and promotion of women’s rights within this process. This article explores the conceptual framework of mediation and women’s rights, analyze the Nigerian context, and evaluates the extent to which mediation supports or undermines women’s rights in marital disputes. The study adopts the qualitative research methodology, focusing on literature reviews document analysis, observations and in-depth interviews with legal practitioners and women who have been involved in mediation process to gain an in-depth understanding of mediation in resolving marital disputes and its impacts on women’s rights in Nigeria. Employing a qualitative research design, the findings reveal that while mediation is valued for its cultural sensitivity and efficiency, it frequently perpetuates gendered power imbalance that disadvantage women as seen by authors regarding patriarchal influences in dispute resolution process. This article argues for the urgent need to reform mediation frameworks to integrate gender-sensitive safeguards that uphold women’s rights, thereby contributing to the evolving discourse on gender justices and alternative disputes resolution in Nigeria. This research concludes that mediation can be an effective tool for resolving marital disputes in Nigeria, but only if it is reformed to incorporate gender-sensitive practices and robust legal protections for women. Recommendations include legislative reforms, capacity building for mediators and stronger institutional support to ensure mediation outcomes uphold women’s rights and promote gender equality. The study contributes to the discourse on Alternative Dispute Resolution (ADR) in Nigeria by highlighting the need to balance cultural practices with human rights imperatives. .
Abstract: This article examines the urgent need for police reform in Nigeria, focusing on institutional change within the Nigerian Police Force (NPF) as the mechanism to bridge the gap between human rights protections, the rule of law, and actual justice delivery. Institutional change here entails comprehensive structural reforms (such as independent oversight and legal frameworks), cultural shifts toward professionalism and accountability, and operational improvements in training and resource allocation. It analysed key challenges. Accountability was identified as the cornerstone. The article integrates the Nigeria Police Act 2020 and the newly gazetted Nigerian Police Regulations 2025, which aim to curb illegal detention, enforce the Anti-Torture Act 2017, and mandate reporting. Past reforms’ failures are critically examined, alongside the potential of decentralization. Practical recommendations for sustainable reform were proposed, including legal and policy interventions, strengthened oversight mechanisms, and collaboration with civil society organizations. The article concludes that robust institutional change, supported by a strong legal system and theories such as procedural justice and social contract, is essential for restoring public trust and promoting justice.